Registration of title
ravi jain
(Querist) 11 April 2013
This query is : Resolved
is it necessary to register every document creating or extinguishing title on an immovable property?
ravi jain
(Querist) 11 April 2013
how is it going to apply on case of right acquired through an unregistered will? through which document or deed can i register my right acquired through unregistered will?
prabhakar singh
(Expert) 11 April 2013
Since a WILL does not pass title or possession at once but come into operation
as testamentary succession superseding laws of succession,it is open to testator to go
or not to go far it's registration.
After death of the testator if an executor was appointed in the will grant of probate can be sought under Indian Succession Act;
in case no executor was appointed then letter of administration can be obtained by the beneficiary under the same Act.In presidency twons these are must,else where optional.
Where it is optional mutation of records would be possible by proving the will by filing affidavit of attesting witnesses of the will.
ravi jain
(Querist) 11 April 2013
if probate is not mandatory in my area then can i get a clear title on the right acquired from an unregistered will of property just by mutation in nagar nigam?
prabhakar singh
(Expert) 11 April 2013
Yes! certainly without doubt.
The benefit of obtaining a probate or a LoA
is that the WILL gets proved for ever and against everyone in the world as they are treated judgements in rem not judgement in personam.
ravi jain
(Querist) 11 April 2013
what is the remedy if the unregistered will is ambiguous regarding the division of area of house between heirs?
prabhakar singh
(Expert) 11 April 2013
Heirs have option to amicably interpret the will else
the aggrieved may file Civil suit according to his interpretation to protect his right under will against others and Civil court would decide as to what was the intention of testator.
ravi jain
(Querist) 11 April 2013
if one legal heir applies for mutation in nagar nigam so can the other legal heir raise an objection on grounds of no clarity in division of areas in the mutation process in nagar nigam?
ravi jain
(Querist) 11 April 2013
if the order of mutation is passed in the favour of one legal heir so where can the other legal heir make an appeal for objection on the basis of no clarity of division of area?
ravi jain
(Querist) 11 April 2013
can we make an appeal in the civil court against the order passed by the commissioner?
prabhakar singh
(Expert) 11 April 2013
The wisdom lies in going to Civil Court forth after order of Municipal Board as neither the Board nor would Commissioner have a final say over a Civil dispute of rights,as doing so would save litigation time consumed before commissioner.
ravi jain
(Querist) 11 April 2013
after mutation what will be the procedure to sell our property?
Raj Kumar Makkad
(Expert) 11 April 2013
After mutation, the title shall get transferred in favour of buyer and he can sell the property in the same way as he had bought with changed face.
ajay sethi
(Expert) 11 April 2013
by preparing conveyance deed in favour of buyer . the document should be duly stamped and regd
Devajyoti Barman
(Expert) 11 April 2013
Mutation certificate can always be challenged before the High Court in writ jurisdiction.
Raj Kumar Makkad
(Expert) 11 April 2013
Mutation can even be challenged before local civil court but there is no such facts in the query which may necessitate such excercise.
